NEW DELHI, DEC 2: The Supreme Court today severely criticised a Rajasthan High Court judge for exceeding his jurisdiction and ``judicial discipline'' by passing ``unwarranted and illegal'' remarks against Chief Justice of India, Justice J S Verma.

A division bench of Justice A S Anand, Justice M K Mukherjee and Justice K Venkataswami reprimanded the high court judge, Justice Sethna, for exceeding his jurisdiction in passing certain remarks against Justice Verma for allegedly drawing daily allowances as Chief Justice of the high court while sitting at Jaipur.

The bench, while holding that ``administrative control of the high court vested with the Chief Justice alone'', also quashed a notice issued by Justice Sethna to present Chief Justice of the high court for transferring a part-heard matter, on which he had made these remarks against Justice Verma.

The apex court held that ``the finding (of Justice Sethna) is wholly incorrect and legally unsound and makes the motive of the author not above personal pique so wholly taking away dignity of the judicial procedure''.

``The observation of Justice Sethna against former chief justices of the high court of Rajasthan that they had `illegally'' drawn full daily allowance while sitting at Jaipur to which they were not entitled, is factually incorrect, procedurally untenable and legally unsustainable,'' the bench said.

Justice Sethna, according to the judgement, had defied a specific order of the Chief Justice of the High Court and had made the order on a petition which was already disposed of by a division bench of the same court.

The bench of the Supreme Court said ``at no point of time, as the Chief Justice of Rajasthan High Court had Justice J S Verma drawn a daily allowance at the rate of Rs 250 per day for his stay at Jaipur''.

The bench said, ``We, therefore, unhesitantly come to the firm conclusion that the observations, comments, insinuations and allegations made by Justice Sethna in the matter of drawal of full daily allowance by the former Chief Justices of Rajasthan High Court, including the present Chief Justice of India, Justice Verma, who used to stay in Bungalow no A/2 at Jaipur without payment of rent, are not sustainable both on law and facts.''

``Erosion of credibility of the judiciary, in the public mind, for whatever reasons, is the greatest threat to the independence of the judiciary,'' the bench said expressing anguish over the case.

While disposing of the appeal filed by Rajasthan Government against the order of Justice Sethna, the bench said, ``We hope there shall not be any other occasion for us to deal with such a case''.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.